HomeMy WebLinkAbout20162024.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - WOW BUBBLES, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Professional Services Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Fair Board, and WOW Bubbles,
LLC, commencing from the date of execution by the Board of County Commissioners, for the
2016 Weld County Fair, and ending July 31, 2016, with further terms and conditions being as
stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference. •
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Professional Services Agreement between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of
the Weld County Fair Board, and WOW Bubbles, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of June, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dca' i et/ v• .-e/4944-
Weld County Clerk to the Board
BY:Jes
APP
uty Clerk to the Board
Attorney
Date of signature: -1 ( SO / 90
Mike Freeman, Chair
Sean P. Conway, Pro-Tem
t
uli A. Cozad
Steve Moreno
GC..2XC3-K),GaCrK0
-1too IaO(Co
2016-2024
EX0028
Weld County Board Of Commissioners
WOW Bubbles LLC.
Professional Services Agreement 2016 Weld County Fair
THIS AGREEMENT is made this oZ1 1 day of , 2016, by and between the
Board of County Commissioners of Weld County, Colorado, 115 Street, Greeley, Colorado 80632,
hereinafter referred to as "County," on behalf of the Weld County Fair Board, and WOW Bubbles LLC., 905
McIntire Street, Boulder, CO 80829, represented by Stephanie Sloim, hereinafter referred to as "Contractor."
WITNES SETH, County and Contractor, for the mutual promises and consideration hereinafter set forth,
agree as follows:
SECTION I - SERVICES AND RESPONSIBILITIES OF CONTRACTOR
Contractor shall provide all necessary personnel and equipment to provide recreational rides to the
public inside inflatable bubbles floating on water (hereinafter "Event") for the 2016 Weld County Fair on July
28, 29, 30, 31, 2016 at the Island Grove Park in Greeley, Colorado. In the event adequate sponsorship is
available July 27th 9:00 am to 5:00 pm at $1,300 per unit will be a part of this agreement. Final notification
shall be given by June 15, 2016.
1. Bubble rides shall be offered to the public from 9:00 a.m. to 5:00 p.m. on July 28th through July 30th and
8:00 a.m. to 4:00 pm on July 31St bubbles shall be available for rides at all times.
2. The Contractor shall not charge any member of the public for participating in the Event and the only
compensation Contractor shall receive is detailed in Section IV of this Agreement.
3. Contractor shall, as part of putting on the Event, be responsible for providing the following:
a. Plastic bubbles, wading pool, sun canopy, safety fencing, any additional equipment necessary to produce
the Event, and a sufficient number of trained personnel to ensure the safe and efficient operation of the
Event. Contractor shall operate 1 unit during the Event.
b. Insurance Requirements.
i. Commercial General Liability Insurance. Contractor shall furnish to County a certificate of
insurance for commercial general liability upon notification of award and prior to Event. The
commercial general liability insurance policy shall, at a minimum, include coverage for property
damage and bodily injury covering injuries to Contractor, Contractor's employees, participants,
audience members, volunteers, or any other person in attendance at the Weld County Fair arising out
of the Event's activities. The comprehensive general liability insurance shall be in the following
minimum amounts:
Each Occurrence
General Aggregate
$1,000,000
$1,000,000
Contractor's comprehensive general liability insurance policy or certificate of insurance shall be
issued to include Weld County as an additional insured party and policy or certificate of insurance
shall be endorsed to state that coverage shall not be suspended, voided, or cancelled without thirty
(30) days prior written notice to the County by certified mail, return receipt requested. Contractor
agrees that Contractor's comprehensive general liability insurance shall be the primary coverage for
1 2016-2024(1)
any and all losses or injuries resulting from Contractor's activities pursuant to this Agreement.
Work shall not commence under this Agreement until Contractor has submitted to the County and
received approval thereof.
ii. Contractor agrees to maintain automobile liability insurance as required by Colorado State statutes
for all automobiles associated with performance of the Contractor's obligations under this
Agreement. Where applicable, Contractor further agrees to maintain Workman's Compensation
Insurance as required by Colorado State statutes.
iii. All insurers of Contractor must be licensed or approved to do business in the State of Colorado.
iv. Any and all deductibles contained in any insurance policy referred to in this Agreement shall be
assumed solely by, and at the sole risk, of Contractor.
v. At any time during the term of this Agreement, the County may require Contractor to provide proof
of the insurance coverage or policies required herein. Upon failure of Contractor to furnish, deliver
and/or maintain such insurance as provided herein, this Agreement, at the County's election, may be
immediately declared suspended, discontinued, or terminated. Failure of Contractor to obtain and/or
maintain any required insurance shall not relieve Contractor from any liability under this Agreement,
nor shall the insurance requirements be construed to conflict with any of the Contractor's
indemnification obligations.
SECTION II - RESPONSIBILITES OF COUNTY
County shall provide the following to Contractor:
1. An area at Island Grove Park sufficient for Contractor to operate the Event.
2. Access to sufficient water and electrical service to enable Contractor to operate the Event.
SECTION III — TERM
The term of this Agreement shall commence upon the date of execution by both the Contractor and the
County, and end on July 31, 2016, after the completion of the Event and any associated clean up or post -Event
activities.
Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by
both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless
and until Contractor has obtained written authorization and acknowledgement by County for such additional services.
SECTION IV — PAYMENT AND FEE SCHEDULE
Contractor shall receive a total payment of five thousand two hundred dollars ($5,200.00) for putting on
the Event pursuant to the terms of this Agreement. Payment shall be made upon satisfactory completion of the
last day of the Event on July 31, 2016. County shall not be obligated to pay any further costs or expenses
associated with Contractor.
In the event Contractor does not perform the Event as specified in this Agreement for the full 4days,
July 28th to July 31St, Contractor shall be paid $1,300.00 per unit for each full day upon which the Event was
performed pursuant to the terms of this Agreement. Contractor shall not be paid for partial days.
2
Financial obligations are contingent upon funds being acquired and budgeted or otherwise made available.
SECTION V - INDEPENDENT CONTRACTOR
Pursuant to Workers' Compensation Act 8-40-202(2)(b)(IV), C.R.S., as amended, Contractors
understands that it and its employees and servants are independent contractors not entitled to Workers'
Compensation benefits from the County. Contractors further understands that it is solely obligated for the
payment of federal and state income tax on any moneys earned pursuant to this Agreement. Contractors shall be
solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this
Agreement.
SECTION VI - INDEMNIFICATION
Contractors agrees to indemnify and hold harmless the Weld County Fair Board, its officers, agents,
employees, and volunteers, and Weld County, its officers, agents, employees, and volunteers, from and against
any and all claims, suits, expenses, damages, or other injury to persons, entities, or property caused or sustained
by any third party or Contractors arising during the term of this Agreement and resulting from its performance
or failure of either party to perform pursuant to the terms of this Agreement.
Notwithstanding the expiration of this Agreement upon the expiration of the term specified in Section III of this
Agreement, or termination of this Agreement pursuant to Section VII of this Agreement, this Section VI
regarding indemnification shall survive the expiration or termination of this Agreement
SECTION VII - TERMINATION
Time is of the essence in the Event of this Agreement. If Contractor is unable to provide the services
required by this Agreement during the specified term of this Agreement, Contractor shall be deemed to have
breached this Agreement and County may obtain said services of another and pursue an appropriate remedy for
such breach pursuant to the laws of the State of Colorado. Either party may terminate this Agreement for cause.
An aggrieved party must first notify the other party of the outstanding issue and allow one day to cure or such
longer period of time as is mutually agreed upon by the parties. In the Event such issue is not cured within the
cure period, the aggrieved party may terminate the Agreement and pursue any remedy recognized by Colorado
law. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice.
SECTION VIII - MUTUAL UNDERSTANDINGS
1. Integration of Understanding. This Agreement contains the entire understanding of the parties hereto
and neither it, nor the rights and obligations hereunder, may be charged, modified, or waived except by
an instrument in writing that is signed by the parties hereto.
2. Parties Interested Herein. Nothing expressed or implied in this Agreement is intended or shall be
construed to confer upon or to give to, any person other than the parties, any right, remedy, or claim
under or by reason of this Agreement of any covenant, terms, conditions, or provisions hereof All
covenants, terms, conditions, and provisions in this Agreement, by and on behalf of the County and
Contractors, shall be for the sole and exclusive benefit of the County and Contractors.
3. Severability. If any provision of this Agreement is determined to be unenforceable or invalid for any
reason, the remainder of this Agreement shall remain in effect, unless otherwise terminated in
accordance with the terms contained herein.
3
4. Authorization. Each party represents and warrants that it has the power and ability to enter into this
Agreement, to grant the rights granted herein and to perform the duties and obligations herein described.
5. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of
the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
6. Choice of Law and Venue. Colorado law, and rules and regulations established pursuant thereto, shall
be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included
or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null
and void. Venue for any legal dispute associated with this Agreement shall be in Weld County,
Colorado. Should the courts in Weld County not have jurisdiction over the legal dispute, the venue shall
be the nearest court in Colorado having jurisdiction.
7. Non -Assignment. The rights and responsibilities of either party pursuant to this Agreement are not
assignable without prior written permission from the other party.
8. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure
to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any
cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood,
earthquakes or Governmental actions.
9. Compliance with Law. Contractor shall strictly comply with all applicable federal, State
of Colorado, and County laws, rules and regulations in effect or hereafter established,
including without limitation, laws applicable to discrimination and unfair employment
practices.
In Witness Whereof, the parties hereto execute this Agreement on the day first above written.
ATTEST:
CHAIRMAN OF THE BOARD OF
WELD COUNTY COMMISSIONERS
Mike Freeman
Chair
Date:
JUN 2 7 2016
CONTRACTOR
lo( In
Stephanie Sloim, WOW Bubbles LLC
Date:
20 1 Rp
020 - 0.247V<)
4
RE: PROFESSIONAL SERVICES AGREEMENT - WOW BUBBLES LLC
ATTEST: ddritet) ..1C,4o;c.
Weld C . m nt Clerk to the c oard WELD COUNTY, COLORADO
Deputy CI
APPR VEDAS
Controller
APPROVED AS TO FORM:
County Attorney
BOARD OF COUNTY COMMISSIONERS
Mike Freeman, Chair JUN 2 7 2016
APPROVED AS TO SUBSTANCE:
Elected Official or Depaient Head
Director of General Services
oZo/&* -,oz# 6)
Janet Konkel
From:
Sent:
To:
Subject:
Stephanie Sloim <stephanie@wowbubbles.com>
Wednesday, May 11, 2016 9:37 AM
Janet Konkel
wow bubbles insurance
(NO FLAT CANCELLATION}
�.- ACCMCO
CERTIFICATE OF LIABILITY INSURANCE.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS),. AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certlflcate holder Is an ADDITIONAL INSURED, the pollcy(fes) must be endorsed. If SUBROGATION IS WAIVED, subject
to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights
to the certificate holder In lieu of such endorsement(s).
PRODUCER
USG INSURANCE SERVICES OF ILLINOIS
579 N 1ST BANK DR STE 260
PALATINE, IL 60067
(847) 9346066
CONTACT
NAME`
PHC'AKNtJ E%q; (847) 934-6066 I Ax
Nuc., NoI; (847) 934-6802
E-MAIL
ADDRESS:
INSURERISI AFFORDING COVERAGE
NAIL a
INSURER A: United States Fire Insurance
21113
INSURED SPORTS AND RFCRTATION PROVIDERS ASSOCIATION (PURCHASING GROUP) AND
F PART I :"PA'A > NIEMBEaw'
Stephanie Sloim
905 McIntire St
Boulder, GO 80303
INSURERS
INSURER C.:
INSURER O:
INSURERS
INSURER F:
DATE IMMIDO//YYYI
6/11/2015
l`CRTI FIr'.a TF NIIMriFR•'
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING. ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH
THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITSSHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INER
LTR
TYPE OF INSURANCE
ADOL
MISR
SUBS
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POLICY NUMBER
POLICY EPP
(MMIDDIYYYY)
POLICY EXP
(MMiVDMYYY)
LIMITS
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GENERAL
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LIABILITY
YoMMEnnLIAL GENERAL I..AEILITY
I.:LANMS MADE ai O C3R
USP 1.82982
05/29/2015
1 12.01 AM
05/29/2016
12'01 AM
GENERAL AGGREGATE
$2,000,000.00.
PRI"T C COMP/OP AI?1
$2000,000.00.
P[}'+>cJUA:_ a 0101NJJRY
$1,000,000.00.
E;A-H OCSU'RRENAAE
$1,000,000.00
FIRE DAMAGEAny one fire)
$300,000.00..
DEN'L AGGREGATE JET•I AIPLIELYPER,
—XI PDJ T n.lEC nLOC
MED FOP (Any arm porofl)
$5000.00
AUTOMOBILE
_
LIABILITY
ANY A11TCi.
ALL OWNED
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BODILY IN.LIRY(-sr person)—
$
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DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101 Additional Remarks Schedule, If more space le required)
Water ball inflatables
CERTIFICATE HOLDER
CANCELLATION
Stephanie Slam
905 McIntire St
Boulder, CO 80303
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
vsg Insurance Services of Illinois
ACORD 25 (2010/05) v141120.001
B 1908.2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo areregistered marks of ACORD
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